Slides in this set

Slide 1

Slide 2

Definition· `unlawfully and maliciously wound or inflict GBH...either with or without a weapon or instrument.'· Is a triable either way offence· The maximum sentence is 5 years imprisonment…read more

Slide 3

It must be proved that the defendant:· Wounded OR· Inflicted GBHAnd· Intended some injury (but not serious)· Or been reckless as to whether any injury was inflicted…read more

Slide 4

`wound'· This refers to a cut or break to the skin· Eisenhower (1983) shows that injury that does not cause a cut is not a wound. In this case D had suffered from an injury to the eye that caused it to bleed under the surface.· Wood (1830)- also shows that there must be a cut to the skin. The victim's collar bone was broken, but the skin was intact, therefore no `wound'…read more

Slide 5

`GBH'· DPP v Smith (1961)- held that `GBH' meant `really serious harm'· Saunders (1985) however held that the harm can be `serious' but not necessarily `really serious'· Bollom (2004)- severity of the injuries is assessed on the victim's age and state of health· Burstow (1997)- it was decided that psychiatric injury such as depression an amount to GBH· Dica (2004)- infecting someone with HIV is GBH…read more

Slide 6

`inflict GBH'This has a wide interpretation:Lewis (1974)- the victim had been threatened through a door and so escaped by jumping through the window, breaking both of their legs. It was held that such a threat was an assault.Burstow (1997)- it was decided that `inflict' does not require a technical assault or battery…read more